Green v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The indictment in this case, which was found at the February term, 1867, charged that, before the finding thereof, “ Samuel, alias Samuel Green, on the trial of a certain cause before G. A. Cushing, a justice of the peace in and for the county aforesaid; in which cause the State of Alabama was plaintiff, and George G. Garner was defendant, upon a criminal charge against said defendant of assault;…
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From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The indictment in this case, which was found at the February term, 1867, charged that, before the finding thereof, “ Samuel, alias Samuel Green, on the trial of a certain cause before G. A. Cushing, a justice of the peace in and for the county aforesaid; in which cause the State of Alabama was plaintiff, and George G. Garner was defendant, upon a criminal charge against said defendant of assault; being duly sworn by said G. A. Cushing, who had authority to administer such oath, falsely swore, that a certain contract…
1Opinion of the CourtJudge, J.
No sufficient predicate was laid for the introduction of secondary evidence of the contract between the prisoner and Jefferson Falkner. The witness who testified to his possession of the books and papers of Mr. Falkner, had never looked for the original contract, and had no recollection that it had been destroyed. Non constat, but that it was in existence, and ’among the other papers of Falkner in the possession of the witness at the time of trial.—1 Greenl. Ev. § 568, and authorities cited; 4 Phil. Ev. (Cowen & Hill’s Notes,) pp. 404-5; Tannis v. Doe, d. St. *423Cyre, 21 Ala. The city court…
2Cases cited1 opinion
- Ogletree v. StateSupreme Court of Alabama · 1856
3Cited by8 opinions
- Bain v. StateSupreme Court of Alabama · 1878
- Pilgrim v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Evans v. StateSupreme Court of Florida · 1879
- Padgett v. StateAlabama Court of Appeals · 1952
- Saunders v. Tuscumbia Roofing & Plumbing Co.Supreme Court of Alabama · 1906
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